Chautauqua Lake

A meeting to discuss the establishment of boat fees on Chautauqua Lake is being held on April 12.

Chautauqua County Executive PJ Wendel is hosting the meeting as an opportunity for interested stakeholders to discuss the need for a boat user fee on the lake.

Wendel has proposed using a boat fee to establish sustainable funding for Chautauqua Lake following a decision by the Chautauqua Lake Protection and Rehabilitation Agency to not pursue creating a lake tax district.

The meeting will begin the dialogue, and discuss the formation of a committee to look into such fees being applied to Chautauqua Lake in the effort to create a dedicated funding source that would be implemented in 2024 for lake maintenance projects.

The meeting will take place at 5:30 p.m., Wednesday, April 12 in the Legislative Chambers of the Gerace Office Building in Mayville.

Ellery Town Supervisor Larry Anderson addresses Chautauqua County Legislature (February 22, 2023)

The Town of Ellery has asked the Chautauqua County Legislature to support and help implement a six-point plan for improvement of Chautauqua Lake.

Legislator Lisa Vanstrom requested that Legislative Clerk Olivia Lee read the letter outlining the proposal from Ellery Town Supervisor Larry Anderson out loud for all members present to hear.

The plan for future lake improvement includes lakeside municipalities, the county, and state leaders reaching an agreement on the goal for Chautauqua Lake management. It also calls for contracting with a university-led group of scientists, engineers, and project managers to develop a multi-year management plan. The third point requests that $7 million in the County’s American Rescue Plan funds be designated toward the development and implementation of the plan. The fourth point seeks to revisit a county-wide funding mechanism for Chautauqua Lake protection and rehabilitation including use of existing property, sales, and occupancy tax revenue with the potential for increases in those tax rates.

The proposal would use an organization of lakeside municipality mayors and supervisors with support from county government to oversee the development and implementation of the plan and manage lake and watershed activities consistent with the goal set. This organization would be unaffiliated with lake organizations.

The last point in the proposal asks State Senator George Borrello and Assemblyman Andy Goodell to work to obtain state funding for the lake and to work with the State Department of Environmental Conservation.

Larry Anderson, speaking at the second privilege of the floor, thanked the legislature for reading the letter and said it took 50 to 60 years for Chautauqua Lake to “get this bad,” “And it’s not going to get fixed overnight. It’s going to take some time. But I really feel that our six-point plan is the way to start and if we can get enough support and everybody comes together with the townships, the villages along the lake, that I think we can finally go in the right direction.”

The Chautauqua Lake Protection and Rehabilitation Agency, which was formed in 2018 to study the creation of a lake protection and rehabilitation district, voted in January to not move forward with a tax district.

Bemus Point Mayor Jeff Molnar also addressed the Legislature and said after attending various CLPRA and lake organization meetings, it was clear that “not everyone was rowing in the right direction,” “I’ve learned about the proposal that the town of Ellery has put forward. And unless I get any negative feedback from my Board of Trustees in the village, then I intend to support, at least, the portion about the mayors and supervisors organization.”

Mayville Mayor Rick Syper also made a short statement saying he supports Ellery’s plan.

County Executive PJ Wendel said the lakeside municipality leaders group proposed by Ellery to oversee the effort would be a new group.

He said while 3 of the 9 leaders are in agreement, it’s been tough to get consensus, “I don’t think they’re too far off but everybody has their different opinions and philosophies. And we’ve said this, we’re not going to get a unanimous consensus, but we do have to look at what’s happening. My push for this year is a collaborative effort. We have yet to do that in Chautauqua Lake. We harvest and we use herbicides. But I have a big push with our working group, if you will, between the Watershed (Chautauqua Watershed Conservancy) , CLA (Chautauqua Lake Association), and CLP (Chautauqua Lake Partnership) to have a collaborative plan this year to start.”

Legislature Chairman Pierre Chagnon gave credit to Ellery for developing the plan. He said there’s significant overlap between what the town and County Executive Wendel are working on, “I know that the County Executive has met with the town of Ellery representatives to discuss his directions and their plan. Personally, I think that it’s exciting, the concept of getting all of the towns and villages around the lake agreeing on what should be done and working together to help the lake.”

Chagnon said he’s looking forward to learning more about Wendel’s plan in the near future.

County Legislature Chairman and Chautauqua Lake Protection & Rehabilitation Agency Chair Pierre Chagnon addresses crowd at CLPRA Meeting (January 19, 2023)

The concept of a Chautauqua Lake Tax District is dead in the water.

Members of the Chautauqua Lake Protection and Rehabilitation Agency voted Thursday night before a crowd of nearly 100 people to not recommend the formation of a lake tax district to the Chautauqua County Legislature.

The motion was made by Chautauqua Town Supervisor Don Emhardt, who said he thought the whole thing “got off to a bad start,” “And the negative publicity and the number of negative emails I’ve received over the last week, week and a half.. It wasn’t gonna pass. So, we might as well just call it now rather than going through another two or three years of making a final recommendation.”

The CLPRA was initially formed in 2018 and tasked with forming a lake protection and rehabilitation district.

County Legislature Chairman and CLPRA Chairman Pierre Chagnon said the agency has been working with consultants, Barton and LoGuidice, on a possible structure of a tax district to be presented to the state and, if approved, then sent to the County Legislature.

He said that changes with the motion made by the CLPRA members to stop the process where it’s at, “…And make our recommendation to the legislature not to pursue a district. That motion was carried by a majority of the (CLPRA) agency members. So the agency’s task, which it was tasked by the (County) Legislature to make a recommendation, is complete.”

Chagnon said he thinks this outcome happened partly due to the discussion changing from generalities about there being a fee or a tax to discussions of what the fee might be for different tiers or parcels, “And then it started to become more of a reality to people, other than a generality, of what this could be to the property owners. And I think that that reality, I know from talking to at least a couple of agency members, that realization, that reality really opened their eyes and changed their view of the whole process.”

Chagnon said with their task complete, the CLPRA is considered dissolved.

He said the County could look at other lake funding options like a boat fee, but that would still require approval from the state.

Spending by local agencies and municipalities on Chautauqua Lake efforts

The Chautauqua Lake Protection and Rehabilitation Agency is expected to make a recommendation on a new taxing district and tax fund to address lake issues at its meeting Thursday.

Freshwater Future of Michigan, whose mission is to be a “catalyst for community action that strengthens policies designed to safeguard the waters of the Great Lakes region,” put out a press release on the expected action by the CLPRA at the agency’s meeting on Thursday, January 19.

According to Freshwater Future, the proposed Chautauqua Lake tax district would tax property owners throughout the watershed even though a survey for resident input on this new tax was only sent to lakefront and lakefront access property owners. They criticized the processs, saying there is no clear long-term plan for how to use the proposed new tax revenue to return the lake to health.

At the last public meeting held by the CLPRA, consultants from Barton and LoGuidice went over three lake funding options that included a tiered flat fee, equivalent residential units, and a formula based fee. Other funding options could also include a near-lake district tax, a watershed/drainage district tax, a user impact fee and a boat user fee.

After a funding mechanism is selected, a fourth public information meeting will be held in February 2023 to present the findings.

The CLPRA’s meeting will be held at 5:00 p.m., Thursday, January 19 in the Legislative Chambers of the Gerace Office Building in Mayville. It is open to the public and will be livestreamed on the County’s YouTube page.

Public information meeting held by the Chautauqua Lake Protection and Rehabilitation Agency (December 1, 2022)

Several dozen people attended the third public information meeting on options for funding a potential Chautauqua Lake District.

Consultants from Barton and LoGuidice went over three funding options that included a tiered flat fee, equivalent residential units, and a formula based fee. Other funding options could also include a near-lake district tax, a watershed/drainage district tax, a user impact fee and a boat user fee.

Barton and LoGuidice Environmental Scientist Jack Williams said a legal analysis determined that a county-wide tax could not be done as local funding mechanisms must be based on the benefits achieved by lake improvements or the impact to Chautauqua Lake. As not all communities are located within the watershed for Chautauqua Lake, by law they’re not considered as receiving direct benefits or having direct impacts on the lake.

The next steps will include the Chautauqua Lake Protection and Rehabilitation Agency reviewing feedback and then selecting a funding mechanism in January 2023. A fourth public information meeting will be held in February 2023 to present the findings.

To view the presentations on the funding mechanisms or to provide feedback, visit bartonloguidice.mysocialpinpoint.com/chautauqua-co-lake-fund

The Chautauqua Lake Protection and Rehabilitation Agency will hold the meeting at 5:00 p.m., December 1 in the Legislative Chambers on the third floor of the Gerace Office Building in Mayville.

This meeting will cover the current status of the study and discuss the project process.

The meeting is open to the public and can also be livestreamed on the County’s YouTube page.

The meeting was the second information session held by the Chautauqua Lake Protection and Rehabilitation Agency and consulting firm, Barton & Loguidice, as part of Phase One of the process. The goal was to present options on how to form a district and what made the most sense based on input.

The CLPRA estimates that, based on historical spending by local agencies, it would take a minimal annual budget in excess of $3 million to maintain current in-lake and watershed initiatives. Funding from a Lake District would be funneled through the CLPRA to those agencies.

Barton and Loguidice’s Jayme Berschard said there are several ways to define boundaries of a lake district including near lake properties that have waterfront access or shoreline properties, “Then we have our watershed, based on the HUC boundaries, which is lot of what the Lake Watershed Management Plan would have drawn up are the watershed boundaries that contribute to some of the watershed for the lake basin and how water basically moves in a particular area. Another potential idea to draw a boundary is to possibly use the Local Waterfront Revitalization Program.”

Berschard said Chautauqua County is unique in that it has an almost regional version of a LWRP.

When it comes to funding mechanisms for the Lake District, Bershard presented possible options such as a Near Lake District Tax, a Watershed/Drainage Area District Tax, a User Impact fee, and a Boat User fee.
Based on polling done at the meeting and online, over 60% of attendees support long-term and sustainable funding for Chautauqua Lake.

When ranked, attendees preferred to see a hybrid model for funding a lake district, with a watershed tax district coming in second, and a watershed impact district coming in third. Many cited creating a county-wide tax district as part of the hybrid model.

Deputy County Executive of Economic Development Mark Geise said another public meeting is set to occur late this Fall, possibly in November, as part of Phase One of the study. He said Phase 2 is anticipated to start in 2023 and would involve fleshing out what model will be used for a district, what the fees will be, who will pay those fees, and where the money will be directed.

Attendees were directed to send any additional input on the Lake District to the project page, which can be found here: https://bartonloguidice.mysocialpinpoint.com/chautauqua-co-lake-fund

The meeting on the “Study of Funding Mechanisms for Chautauqua Lake Protection and Rehabilitation, Phase I” will take place at 5:00 p.m. in the Legislative Chambers (3rd floor) of the Gerace Office Building.

The County’s Chautauqua Lake Protection and Rehabilitation Agency estimates that, based on historical spending by agencies, it would take a minimal annual budget in excess of $3 million to maintain current in-lake and watershed initiatives.

The CLPRA hired engineering and planning architecture firm, Barton & Loguidice, to develop a study of funding mechanisms for a lake district.

A CLPRA survey completed in 2021 found 60% of survey takers support the formation of a Lake District.

While the meeting is in person and open to the public, it will also be streamed on the County’s Facebook page https://www.facebook.com/ChautauquaCountyGovernment/.

“If they choose to continue, then the next steps would be forming a work plan, developing a work plan, but before we can even do that we’ve got to figure out how much would it cost, where’s the money come from and what’s the scope of the work for that work plan?”

Geise said there’s a lot to be determined in the work plan on how lake district fees could be used,

“We’re talking about, you know, weed harvesting, more studying of the lake, understanding the science better, the use of herbicides, preservation, all of those things that possibly that we’re talking about and to improve the quality of the Lake.”

63% of the survey respondents support the charging of fees for boats on the Lake if all legal impediments to such fees were resolved.

A full summary of the survey results can be found on the County Department of Planning and Development’s website at planningchautauqua.com.

Chautauqua County Executive George Borrello (standing) talks with members of the Chautauqua Lake Protection and Rehabilitation Agency during its Sept. 11 meeting in Mayville.

MAYVILLE – An advisory agency created by the Chautauqua County Legislature is continuing to struggle with finalizing a recommendation on establishing a lake rehabilitation district that would help raise money to care for Chautauqua Lake.

The Chautauqua Lake Protection and Rehabilitation Agency met Wednesday afternoon in Mayville and spent much of the meeting discussing which properties would be included in a proposed lake district, including what criteria needs to be considered as part of that inclusion.

County Attorney Steve Abdella said that after researching state law he learned that in order for a property to be assessed a fee or tax the district would have to clearly identify how the district would directly benefit the property owner. Members of the agency generally agreed that lakefront property owners, as well as those with direct access to the lake through a deeded right-of-way, would benefit because the money collected by the district would be used to help treat the waters of the lake, thus improving their access to and use of the lake. That in turn could help improve property value.  These properties are known as “Tier 1” properties.

However, the group was unable to determine exactly which non lake-access properties could be considered “Tier 2” properties or even if such properties could be included in the district because it would be more difficult to prove a direct benefit to those properties, in accordance with state law.

Abdella also said that the state law requires district to use direct benefit as a criteria, and not whether or not a property is causing an adverse or negative impact to the health of the lake.

“To include a ‘Tier 2’ [level], a rational demonstrating a benefit and enhancement in value to those properties would have to be shown,” Abdella noted.

That means a property or properties that may have activities deemed to cause harm to the lake’s health wouldn’t automatically qualify them as being included in the proposed district.

At the end of the meeting, the group requested additional information that includes an accurate account of all properties that are either on the lake or have right-of-way access. Once they have that number available, the agency can then determine how to establish a recommended fee or tax for Tier 1 properties. They will also continue to work on identifying what criteria would be used to identify Tier 2 properties, which, again, would require showing how such a designation would benefit them.

The county currently has a map and database that shows all properties on the lake, but it doesn’t include information on what other properties may also have right-of-way access. County Planning and Economic Development deputy director Don McCord said that means county employees will likely have to work to come up with that information.

“Lake rights are not identified as part of [the county property map], so we would have to figure out how to go about doing that. That affects how long it will take for us to get to a ‘next product’ that’s a little more refined than where we’ve been. Right now we’ve just being doing a rough theoretical approach to begin the conversation and try to work out these details so far,” McCord explained.

Because of the resources it would take to search for and compile that information, County Executive George Borrello cautioned the agency that it wouldn’t be worthwhile for county employees to begin looking for that information until the agency was sure it is what it wants to use to help establish criteria for which properties to include in the proposed district.

“What we really need from [the agency] is some consensus. Then we can create a strategy to say we are going to pursue this so we can get some good data and that’s data the legislature can use. Then we can present it to the public at the same time,” Borrello said.

Town of Ellicott Supervisor Patrick McLaughlin – who is a member of the agency – also requested an update on a timeline on when a final recommendation should be brought forward and acted on by the County Legislature.  He said that his town is putting together a budget and he needs to know if he should include expenses for herbicide treatment in 2020 as part of the budget. It was explained that any action by the legislature would only be an initial step and that the state would also have to review and give it’s authorization for the creation of a district. That means that it’s unlikely any district would be created and revenue collected until the middle of 2020, at the earliest.

Several lakeside property owners were also in attendance for the meeting and voiced their concerns about the proposed district. Several said they think it would unfair to only focus on charging an annual fee or tax for properties with direct access to the lake, since all residents, businesses, and even many visitors see a benefit from the lake.

Another resident asked why the county doesn’t place a surcharge on all boaters who use the lake, since they also see a direct benefit. But it was explained that state law doesn’t allow local governments to charge a location registration fee for boats.

One resident also said that the agency needs to also focus on how any money collected by the district would be used to treat and care for the lake since there still seems to be a disagreement on the best way to proceed on that front.

Borrello reminded the public that the agency doesn’t have the authority to establish the district, but only to put forward a recommended plan for how the district would function. At the end of the process, the county legislature would still have to give its approval on any final district plan.  He said that is the phase of the process when concerns and questions should be brought forward. In the meantime, all agency meetings will continue to be open to the public to allow for full transparency into the process.

The eventual goal of the agency is to make a final recommendation on how a district would operate and then pass that recommendation onto the county legislature, which would then decide whether or not to proceed with establishing the proposed district.

The agency was formed by the county legislature at the end of 2017 and is comprised of legislative members and officials from various municipalities that surround Chautauqua Lake.

The agency’s next meeting is tentatively scheduled to take place on Wednesday, Nov. 6 at 4 p.m. in Mayville and will be open to the public.